Asbestos Attorneys

Asbestos lawyers are skilled in pursuing compensation on behalf of those suffering from asbestos-related diseases. They will review your medical records, work background and other details to determine potential asbestos-related exposure sources.

Asbestos victims who fail to submit their claims by the legal deadlines will lose out on compensation. A skilled attorney can ensure that your claim is in line with legal requirements.

Medical Expert Witnesses

A key part of an asbestos case is the testimony of a medical expert witness. Medical experts provide their opinions regarding whether the plaintiff is suffering from an asbestos-related condition such as mesothelioma or lung cancer. Their conclusions are based on the results of medical tests and other details, including the victim's symptoms and the severity of the disease. These experts have generally testified in dozens or even hundreds of cases, and often have a well-established reputation. This makes them more credible to the jury.

An experienced lawyer will have connections with these professionals and can help them build the strongest possible case for their clients. Asbestos lawyers could have their own databases of medical and other information which they can access to help support their client's claims. They know how they can find the most reliable sources of information and utilize them to build a strong argument for their clients.

Asbestos lawyers usually work for national firms that handle mesothelioma lawsuits on a worldwide basis. They are familiar with local laws and courts across different jurisdictions and are able to make lawsuits within the proper state court system in order to obtain the best result for their clients.

In these instances, defendants must pay close attention to the qualifications and experience of the plaintiff's experts witnesses. They could face Daubert or Frye challenges. They must examine whether the expert witnesses have a sufficient education or training on which to base their opinions, and ensure that the internal consistency of the witness's opinions is sufficient. Defense attorneys should also make sure that the expert witnesses are able to identify their sources and prove that they are legitimate.

While identifying and vetting these experts may seem like a daunting job, early identification of qualified experts can help defendants avoid the possibility of a successful Daubert challenge or Frye challenge. This can save the defendants a lot of time, money and anxiety.

Asbestos victims in New York can seek compensation to pay medical bills as well as lost wages and travel expenses, home care costs and funeral and burial expenses when they have been exposed to asbestos and suffer from an illness such as asbestosis, mesothelioma or a different kind of respiratory disease. An experienced asbestos lawyer can help victims and their families get a fair settlement or verdict that will provide financial peace of mind.

Experience

Asbestos lawyers are able to build a strong case to help victims get the amount of compensation they are entitled to. They know how to find asbestos exposure in the past and have access to medical experts who can link that exposure with mesothelioma. Asbestos attorneys are also familiarized with the different state laws and regulations which affect claims. An experienced asbestos lawyer will provide clients with no-cost, no-obligation consultation and will determine the most suitable option for their individual circumstances.

Asbestos-related illnesses can result in financial compensation. This includes medical expenses, lost wages and home care expenses. Also, it can be a loss of quality of life funeral and burial costs, and discomfort and pain. A settlement or a jury verdict may award compensation to help victims and their families pay for the medical treatment they require to stay healthy.

Companies who employed asbestos in their products were aware of its connection to specific illnesses, like mesothelioma, from the 1950s and continued use it until the 1970s. These companies should be held accountable for injuries suffered by the those affected and their family members.

An experienced asbestos lawyer can help victims and their families to file a lawsuit against the company responsible for their asbestos exposure. They can also assist with seeking payments from asbestos trust funds, even if the companies responsible for their exposure no longer exist. Asbestos lawyers can assist victims understand the different options for securing compensation, including filing workers' compensation as well as personal injury lawsuits.

A reputable asbestos lawyer should have a track record of success. This includes recent wins, large settlements and the awards of jury trials. Asbestos attorneys should be aware of the laws in different states, as many asbestos case victims come from different regions of the country and have worked for companies which operated internationally or nationally. It is also important that an asbestos lawyer have a national network of resources that can support their client's claims.

Specialized Firms

Asbestos law companies that specialize in mesothelioma lawsuits have a deep understanding of the laws that apply to asbestos-related cases in the state. This allows them to speed up the process so that victims get the compensation to which they are entitled. They can also ensure that the lawsuit is filed compliance with the appropriate deadline for filing. The top mesothelioma attorneys understand how to collaborate with national and local asbestos firms, ensuring that their clients receive the highest amount of compensation.

Asbestos lawyers should be skilled negotiators as well as strategists, in addition to trial attorneys. They often negotiate significant settlements on behalf of their clients. They also advocate for victims in court to secure mesothelioma verdicts that hold the asbestos companies responsible for their negligence. To maximize their client's compensation, mesothelioma attorneys need to be aware of federal and state asbestos statutes of limitations, which differ by state.

The most reputable mesothelioma attorneys have a proven track record in federal and state courts. They have a wealth of experience in handling complex personal injury and commercial litigation cases, which includes toxic tort. These kinds of lawsuits usually involve multiple defendants and a variety of plaintiffs with different backgrounds, experiences, and needs.

In addition to their vast trial experience, the top mesothelioma lawyers are knowledgeable of the intricacies of asbestos litigation. They know how to navigate complex federal and state laws that govern asbestos claims, such as the Fair Labor Standards Act, the Employee Retirement Income Security Act (ERISA), and various occupational safety and health standards.

Many states require their asbestos litigators be licensed in different jurisdictions, which gives them the experience of processing mesothelioma cases at both the state and national level. A nationwide firm will have experience filing mesothelioma lawsuits in multiple jurisdictions and will be capable of providing asbestos victims with a comprehensive legal strategy that maximizes their compensation.

The mesothelioma attorneys at McGivney, Kluger & Clark LLP have worked tirelessly to defend asbestos-related clients in litigation for decades. Their extensive experience includes appearing before federal, appellate and supreme courts. They have contributed to the defense of asbestos litigation by advocating for transparency in bankruptcy trusts and establishing statutes of limitation in various states, and introducing innovative legal theories.

Time Limits

A variety of personal injury cases have a statute of limitations, or a deadline to bring a lawsuit. These laws vary from state to state, however, if they're not adhered to, it could affect the rights of a person. An experienced asbestos lawyer can determine whether a victim has time to file an asbestos lawsuit and assist them in meeting deadlines.

Asbestos cases have unique time limitations due to the latency period that is associated with mesothelioma as well as other asbestos-related diseases. Mesothelioma patients may not show symptoms or be diagnosed until decades after the initial exposure to asbestos. Due to this, the statute of limitations does not begin to expire until the victim was exposed or injured but rather when they were diagnosed with an asbestos-related condition.

This can cause problems in asbestos litigation, especially when a plaintiff files multiple claims against a variety of defendants. Typically, the applicable statute of limitations will be based on a myriad of factors such as when the symptoms started, why and when a victim stopped working, the location they resided and worked, and where they received their treatment. These variables can also impact the length of time that the statutory clock may be, because some states have shorter deadlines than other states.

In addition, if a plaintiff develops another asbestos-related disease after settling their original condition then the law considers it as a new injury, and the new statute of limitation is applied. This can permit a plaintiff to sue defendants for other illnesses, like lung cancer, even if they had a settlement with them before.

The same is true for the wrongful death lawsuits that are filed by the surviving relatives or friends of a person who has passed away from mesothelioma. A top mesothelioma lawyer will know the regulations for claims for wrongful deaths in their states and will be able to make sure that the claim is filed before the statute of limitations expires. If the lawsuit is not filed before the statute of limitations expires and the family of the victim will not be able to claim compensation for their losses. This includes reimbursement for medical bills and income loss and the pain and suffering associated with an asbestos-related disease.